Road Safety Institutional and Legal Assessment Thailand
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
© World Health Organization 2016 All rights reserved. Requests for publications, or for permission to reproduce or translate WHO publications – wheth- er for sale or for noncommercial distribution – can be obtained from Publishing and Sales, World Health Organization, Regional Office for South- East Asia, Indraprastha Estate, Mahatma Gandhi Marg, New Delhi 110 002, India (fax: +91 11 23370197; e-mail: publications@who.int). The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the World Health Organization concern- ing the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Dotted lines on maps represent approximate border lines for which there may not yet be full agreement. The mention of specific companies or of certain manufacturers’ products does not imply that they are endorsed or recommended by the World Health Organization in preference to others of a similar nature that are not mentioned. Errors and omissions excepted, the names of proprietary products are distinguished by initial capital letters. All reasonable precautions have been taken by the World Health Organization to verify the infor- mation contained in this publication. However, the published material is being distributed with- out warranty of any kind, either expressed or implied. The responsibility for the interpretation and use of the material lies with the reader. In no event shall the World Health Organization be liable for damages arising from its use. Maps disclaimer The boundaries and names shown and the designations used on the maps contained in this docu- ment do not imply the expression of any opinion whatsoever on the part of the World Health Organization concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Dotted and dashed lines on maps represent approximate border lines for which there may not yet be full agreement. Printed in Thailand
Contents Acknowledgements....................................................................................................... v Acronyms...................................................................................................................... vi Executive Summary......................................................................................................vii 1. Introduction.......................................................................................................... 1 1.1 The Kingdom of Thailand: Country Overview................................................................. 1 1.2 Objectives....................................................................................................................... 2 1.3 Conceptual Framework................................................................................................... 2 1.4 Method........................................................................................................................... 4 2. Burden of Road Traffic Injuries in Thailand .......................................................... 5 2.1 Data Sources for Road Traffic Injuries in Thailand........................................................... 5 2.2 Road Traffic Related Deaths, Injuries, and Crashes......................................................... 6 2.3 Road Traffic Injuries and Motor Vehicle Type................................................................. 8 2.4 Road Safety Risk Factors................................................................................................. 9 2.5 Economic Burden of Road Traffic Injuries in Thailand................................................... 11 3. Road Safety Management System in Thailand.................................................... 13 3.1 Organizations involved in Road Safety.......................................................................... 13 3.2 Road Safety Management System................................................................................ 16 4. Road Safety Legislation in Thailand.................................................................... 29 4.1 Legislative Branch......................................................................................................... 29 4.2 Executive Branch........................................................................................................... 30 4.3 Legislative Process........................................................................................................ 31 4.4 Special Laws under the Current Interim Constitution................................................... 31 4.5 Key Road Safety Laws.................................................................................................... 34 4.6 Road Safety Laws and Organizations............................................................................ 37 4.7 Limitations of Existing Road Safety Laws...................................................................... 39 5. Conclusions and Recommendations................................................................... 44 5.1 Recommendations........................................................................................................ 45 Road Safety Institutional and Legal Assessment – Thailand iii
PART 2 6. In-Depth Analysis of Thailand’s Road Safety Laws.............................................. 49 6.1 Speed............................................................................................................................ 49 6.2 Drink-Driving................................................................................................................. 52 6.3 Motorcycle Helmet....................................................................................................... 54 6.4 Seatbelt......................................................................................................................... 56 6.5 Child Restraint............................................................................................................... 57 6.6 Comparing Thailand’s Road Safety Laws with International Practices..........................58 6.7 Conclusions and Recommendations............................................................................. 64 7. Appendices......................................................................................................... 68 7.1 Thailand’s road safety laws........................................................................................... 68 7.2 Fines for traffic violations:............................................................................................ 68 8. References.......................................................................................................... 76 iv Road Safety Institutional and Legal Assessment – Thailand
Acknowledgements This assessment was funded by Bloomberg Philanthropies and commissioned by the World Health Organization Country Office for Thailand as part of the Bloomberg Initiative for Global Road Safety. World Health Organization Country Office for Thailand Liviu Vedrasco Kritsiam Arayawongchai Consultants Thaweesak Taekratok Connie Hoe Road Safety Institutional and Legal Assessment – Thailand v
Acronyms ASEAN Association of Southeast Asian Nations BIGRS Bloomberg Initiative for Global Road Safety DDPM Department of Disaster Prevention and Mitigation EU European Union GDP Gross Domestic Product NGO Non-governmental Organization RTIs Road Traffic Injuries ThaiHealth Thai Health Promotion Foundation ThaiRoads Thailand Road Safety Observatory TIS BS OHSAS Thailand Industrial Standards British Standards Occupation Health and Safety Assessment Series UN United Nations WHO World Health Organization Currency Equivalent Currency Unit = Baht US $ 1.00 = 35.8304 EUR1.00 = 40.5978 (As of October 2015) vi Road Safety Institutional and Legal Assessment – Thailand
Executive Summary Road traffic injuries (RTIs) are a major public health threat, causing an estimated 1.25 million deaths and about 20 to 50 million injuries each year. As a response to this growing epidemic, the Bloomberg Initiative for Global Road Safety (BIGRS) is providing funding to support legislative improvements in five low-and-middle-income countries. The Kingdom of Thailand was one of the countries selected for this project. This assessment was commissioned by the World Health Organization as part of the BIGRS project to facilitate a common understanding of the organizations involved in road safety legislations and regulations in Thailand and to provide a comprehensive assessment of laws and regulations leading to the development of recommendations. Document review and key-informant interviews were conducted to achieve these objectives. The institutional assessment revealed that many organizations are currently involved in road safety in Thailand. In order to strengthen coordination amongst these organizations and to achieve the goals of the Decade of Action for Road Safety, a management system was established in 2011 through an executive order (“Prevention and Reduction of Road Accidents”). This management system is comprised of three committees (the National Road Accident Prevention and Reduction Policy Board, the Road Safety Directing Centre and Road Safety Operating Centre) and suffers many weaknesses. High-level politicians, for example, chair both the policy board and the directing centre which has limited the number of times these committees can meet. Moreover, the secretariats of the three committees are only able to coordinate; they have no actual power or authority over the other organizations. The in-depth legal assessment revealed that Thailand has most of the necessary laws to address the main road safety risk factors but few of them meet international best practices. There are important loopholes in the existing laws that need to be closed. Furthermore, the country should also enact a child restraint law to protect child passengers and enact laws and regulations to improve vehicle standards. Road Safety Institutional and Legal Assessment – Thailand vii
In view of these gaps, it is recommended that the Royal Thai Government 1) explore ways to bolster political commitment for road safety, 2) explore alternatives for more effective management systems, and 3) establish a robust support system for the secretariat team. In order to ensure that road safety laws are consistent with international best practices, it is also recommended that Thailand (1) enact a child restraint law, (2) reduce urban speed limit, (3) ensure consistency between the two speed laws (Road Traffic Act and Highway Act), (4) lower the legal blood alcohol concentration limit for novice drivers, (5) require rear seat passengers to wear seatbelts, (6) establish helmet standards for children, (7) include a provision for motorcycle impoundment, and (8) enact laws and regulations to improve vehicle standards. Moreover, it will be critical for the country to improve the effectiveness of road safety law enforcement. This will require stronger penalties, including significant increases of fines, adequate equipment, effective fine collection and the establishment of a national demerit point system. It will also entail a concerted effort to increase public awareness of road safety and road safety laws. Fortunately, there is clear motivation within Thailand to make a substantial effort to reduce RTIs as evidenced by the launching of the Decade of Action for Road Safety in the country. With such enthusiasm, it is hopeful that considerable progress will be made through the BIGRS project and the growing national movement. viii Road Safety Institutional and Legal Assessment – Thailand
1 Introduction Road traffic injuries (RTIs) are a major public health threat, causing an estimated 1.25 million deaths globally and about 20 to 50 million injuries each year.1,2 Unless urgently addressed, RTIs will become the 7th leading cause of death by 2030.1 In order to tackle this growing global public health threat, the United Nation’s (UN) General Assembly encouraged all countries to adopt comprehensive road safety laws during the launch of the Decade of Action for Road Safety (2011–2020).3 The Bloomberg Initiative for Global Road Safety (BIGRS) program (2015–2019) is providing funding to support legislative improvements in five low-and-middle-income countries – China, Philippines, Tanzania, Thailand and Vietnam. This assessment report was commissioned by the World Health Organization (WHO), Thailand Country Office and conducted as part of the BIGRS program in Thailand. 1.1 The Kingdom of Thailand: Country Overview The Kingdom of Thailand is a middle-income country located within the WHO South-East Asia Region, bordering Myanmar, Laos, Cambodia and Malaysia. With an area of 510 890 square kilometers, it is divided into 76 provinces.4 As of 2015, the total population of the country was estimated to be more than 67 million, with a growth rate of 0.34% and a Gross Domestic Product (GDP) per capita of $15 600.5 The median age was 35.7 years for males and 37.7 years for females.5 Thailand’s government is based on a constitutional monarchy where the King serves as the head of state and the Prime Minister acts as the head of government.6 Political instability in recent years resulted in the 2014 coup d’etat. Currently, a junta, known as the National Council for Peace and Order, rules the country. With regards to health, basic indicators show the health of Thais has been improving. Infant mortality rate, for example, decreased from 31 per 1000 live births in 1990 to 11 per 1000 live births in 2012. Similarly, under-5 mortality rate declined from 38 per 1000 live births in 1990 to 13 per 1000 live births in 2012.7 The current estimate of life expectancy at birth in Thailand is 71.5 years for males and 78.5 years for females.8 The country spends 4.6% of its GDP on health.4 Road Safety Institutional and Legal Assessment – Thailand 1
In 2013, the Global Burden of Disease revealed that the top three causes of death for all age groups in the county were cerebrovascular disease, ischemic heart disease, and lower respiratory infection; the top causes of disability adjusted life years (DALYs) lost were ischemic heart disease, RTIs and cerebrovascular disease.8 When disaggregated by age groups, RTIs were found to be the leading cause of deaths and DALYs lost for Thais in the most economically productive age group -15 to 49 years.8 1.2 Objectives The specific objectives of this assessment were to: §§ Facilitate a common understanding of the organizations involved in road safety legislations and regulations in Thailand. Specifically, the assessment identified the roles and responsibilities of the key organizations to facilitate planning for the five year project §§ Provide a preliminary institutional legislative assessment which will be used to inform planning §§ Provide an in-depth technical assessment of existing legislation to identify recommendations for improvements 1.3 Conceptual Framework This assessment was guided by the road safety management system framework shown in Figure 1.1 and the WHO Strengthening Road Safety Legislation Manual.9,10 First developed in New Zealand, the road safety management system framework was adopted by the World Bank to guide countries in their capacity assessments. The road safety management system framework is illustrated as having three interconnected elements: institutional management functions which create interventions that ultimately lead to targeted results.9 Institutional management functions include seven key functions that are generally performed by governmental organizations: results focus, coordination, legislation, funding and resource allocation, promotion, monitoring and evaluation, and research and knowledge dissemination. Interventions are devised to achieve results and commonly involve transport and land-use planning for safety, safe road design and operation, safe vehicles, safe road use, and post-crash care. Finally, a good management system requires clearly defined results in the form of outputs, intermediate outcomes and final outcomes. 2 Road Safety Institutional and Legal Assessment – Thailand
Figure 1.1: Road Safety Management System Social Cost Final Results Outcomes Intermediate Outcomes Outputs Road Network Planning, Entry and Recovery and Interven ons design, exit of rehabilita on opera on, vehicles and of crash and use drivers vic ms Results Focus Ins tu onal er on nsf Management on on ca eva ing tra on on rce and allo lua Func ons and nitor ina dge kno and isla mo res ding ord wle Leg Mo Pro D ou Fun Co R& Source: Bliss and Breen, building on the frameworks on Land Transport Safety Authority, 2000; Wegman, 2001; Koomstra et al, 2002; Bliss, 2004. Source: Bill & Breen, 2013 These long-term and intermediate goals are necessary to allow for the evaluation of interventions and ultimately the institutional management function.9 As described, legislation is one of the main functions of the road safety management system. According to the WHO Strengthening Road Safety Legislation Manual, there are four steps involved in the assessment of road safety laws and regulations: “(1) conduct an institutional assessment, (2) review national laws and regulations, (3) assess gaps in laws and regulations, and (4) assess the comprehensiveness of laws and regulations” (p.17).10 A thorough understanding of the laws and regulations can allow for gaps to be identified which can lead to the formulation of appropriate recommendations.10 Road Safety Institutional and Legal Assessment – Thailand 3
1.4 Method A two-pronged approach was used to achieve the objectives of this assessment. First, relevant key documents were reviewed. These documents included: §§ Executive Order “Prevention and Reduction of Road Accidents 2011” from the Prime Minister’s Office §§ Thailand’s Road Safety Master Plan 2009–2012 §§ Thailand’s Road Safety Master Plan 2013–2016 §§ Thailand’s Decade of Action for Road Safety Strategic Plan 2012–2020 §§ Road Safety Action Plan for the Decade of Action 2015–2020 §§ Documents from Thailand’s main Road Safety committees and sub-committees meetings (2009 to 2015) §§ Published literature concerning Thailand’s road safety laws Second, key informants interviews were conducted with individuals who possessed extensive knowledge about road safety in Thailand to better understand the actual process and operations of the road safety management system. These key informants included the secretariat of the Road Safety Directing Centre, secretariats of three subcommittees as well as road safety experts in Thailand. 4 Road Safety Institutional and Legal Assessment – Thailand
2 Burden of Road Traffic Injuries in Thailand 2.1 Data Sources for Road Traffic Injuries in Thailand RTIs are a grave public health concern for Thailand. Although data systems for addressing the burden of RTIs in the country currently exist across various sectors, they suffer many challenges. Table 2.1 reveals that there are currently ten data sources for road safety including police information system, e-claims, trauma registries and death certificates. These data are collected by seven agencies for different purposes and with the use of different definitions. Although there is currently a plan to link the police, hospital, and insurance data to improve mortality estimates, these linkages have yet to be undertaken. Presently, the most commonly referenced data are from the Royal Thai Police. Table 2.1: Data Sources for Road Traffic Crashes in Thailand Data Source Police Information System (POLIS) Royal Thai Police TRAMS Ministry of Transport E-Claim Road Victim Protection Company Injury Surveillance (IS) Ministry of Public Health Trauma Registry Ministry of Public Health 19 External Causes of Injury Ministry of Public Health Information Technology for Emergency Medical Emergency Medical Institute of Thailand System (ITEMS) Emergency Claim Online (EMCO) National Health Security Office OP/PP Individual Record National Health Security Office Death Certificates Ministry of Interior Road Safety Institutional and Legal Assessment – Thailand 5
2.2 Road Traffic Related Deaths, Injuries, and Crashes Recent data from the Royal Thai Police show that road traffic crash, injury and death rates per 100 000 population have all been decreasing since 2007 (Figure 2.1). In 2012, there were a total of 61 197 road traffic crashes, 110 777 injuries and 8724 deaths. Using the 2012 population of 67 164 130 as the denominator,4 this translates to 91.1 crashes, 164.9 injuries and 13.0 deaths, per 100 000 population respectively. This death rate is much lower than the rate estimated by the WHO (36.2 deaths per 10 000 population)1 and the rate extracted from death certificates issued by the Ministry of Public Health. According to the Ministry of Public Health, death rates decreased between 2003 and 2009 but then increased again in 2010. In 2012 and 2013, there were 21.87 and 22.89 deaths per 100 000 population respectively (Figure 2.2). Figure 2.1: Crash, Injury and Death Rates per 100 000 Population, 2007–2012 250.00 221.14 215.12 200.00 169.87 170.73 164.93 150.00 153.35 156.53 133.51 127.44 111.53 102.04 100.00 91.12 50.00 18.83 17.40 16.10 16.11 14.81 13.02 0.00 2007 2008 2009 2010 2011 2012 Crash Rate Injury Rate Death Rate Source: Royal Thai Police, 2007–2012; World Bank, 2007–2012 6 Road Safety Institutional and Legal Assessment – Thailand
Figure 2.2: Numbers and Rates of Road Traffic Deaths, 2000–2013 16000 25 21.87 22.89 21.86 14000 21.61 20.9 20.5 21.3 20.4 19.7 20 12000 17.8 16.6 10000 15.9 15.3 15 15 8000 10 6000 4000 5 2000 0 0 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Number of Deaths Death per 100,000 Populaon Source: Ministry of Public Health, 2013 Table 2.2 illustrates the ratio of road traffic related injuries or deaths to the number of crashes. Although the number of injury per crash slightly increased between 2007 and 2012, the number of fatality per crash remained relatively stable, ranging from 0.12 to 0.15. Table 2.2: Ratio of Road Traffic Injuries or Deaths to Crashes, 2007–2012 Number Number of fatality Number of injury Year Crashes Deaths Injuries per crash per crash 2007 101 752 12 492 142 738 0.12 1.40 2008 88 721 11 561 146 955 0.13 1.66 2009 84 806 10 717 113 048 0.13 1.33 2010 74 379 10 742 113 862 0.14 1.53 2011 68 269 9 910 104 725 0.15 1.53 2012 61 197 8 746 110 777 0.14 1.81 Source: Royal Thai Police, 2012 Road Safety Institutional and Legal Assessment – Thailand 7
2.3 Road Traffic Injuries and Motor Vehicle Type Based on the most recent data from ThaiRoads, it was found that the number of road traffic crashes among each category of motorized vehicle decreased despite the increasing number of registered motor vehicles; between 2004 and 2013, the number of registered motor vehicles in Thailand increased dramatically, from 19.8 to 33.5 million.11 This was most notable among public buses; the crash rate decreased from 414.7 per 10 000 buses in 2004 to 72.8 per 10 000 buses in 2012 (Table 2.3). It is important to note that in Thailand, motorcycle riders comprised approximately 70% of road traffic fatalities12; this is substantially higher than high-income countries and may be explained by the rapid growth of motorcycle usage in the last few decades.13 In 2013, for example, 59.6% of the country’s registered vehicles were motorcycles.12 Motorcycles tend to be more vulnerable to road traffic crashes as compared to other types of motor vehicles. This is due to the fact that they share roads with larger vehicles and are less visible; motorcycle riders also lack physical protection. Fortunately, the ratio of registered motorcycles to cars has been steadily decreasing in recent years.12,14 However millions of unregistered motorcycles exist in Thailand but their exact number and how often they are on the roads are difficult to estimate. Table 2.3: Road Traffic Crash Rates by Motor Vehicle Type, 2012 Motorcycle Passenger Car Pickup Truck Commuter Van Public Bus Truck Year No. Rate* No. Rate* No. Rate* No. Rate* No. Rate* No. Rate* 2004 77 642 58.8 46 658 177.4 34 555 102.1 3 344 91.9 4 433 414.7 10 101 147.5 2005 78 830 54.2 43 527 149.9 32 862 89.7 3 718 100.8 3 954 367.1 9 026 126.0 2006 75 752 48.0 42 091 127.1 27 871 66.8 3 140 79.4 3 391 297.0 7 737 107.7 2007 68 140 42.3 40 687 114.3 28 822 65.9 2 634 69.0 2 961 245.2 6 812 91.1 2008 59 162 36.0 40 334 105.9 24 491 53.8 2 417 63.7 2 534 202.1 5 965 77.3 2009 52 608 31.5 39 275 96.3 23 650 50.4 2 218 57.8 2 370 185.8 4 954 62.6 2010 31 426 18.2 24 453 54.4 14 219 29.1 1 458 37.2 1 289 97.8 3 236 39.6 2011 19 785 10.9 16 422 32.8 8 966 17.5 899 22.3 977 72.4 1 997 23.4 2012 20 674 10.8 17 519 29.9 9 426 17.3 919 22.0 1 002 72.8 2 193 24.4 *Rate is per 10 000 vehicles Source: ThaiRoads Foundation, 2012 8 Road Safety Institutional and Legal Assessment – Thailand
2.4 Road Safety Risk Factors Some road safety risk factor data are also available in Thailand. Data concerning three (speed, helmets, seatbelt use) of the five main road safety risk factors as identified by the WHO are currently being collected on an annual basis from 74 provinces by Thailand Road Safety Observatory (ThaiRoads) with support from Thai Health Promotion Foundation (ThaiHealth). Figure 2.3, for example, illustrates data collected by ThaiRoads on helmet wearing in 2011. As seen in this figure, helmet-wearing rates were found to be less than 60 percent in all of the provinces except for Bangkok, Nonthaburi and Phuket. Figure 2.3: Helmet Wearing Rates in Thailand, 2011 Source: ThaiRoads, 2011 Road Safety Institutional and Legal Assessment – Thailand 9
Additionally, the Royal Thai Police also conducts analysis on an annual basis to identify the leading causes of road traffic crashes in Thailand. In 2013, speeding was identified as the main factor (12.6%), followed by dangerous lane changing (12.2%), driving too close to the leading vehicle (9.6%) and drink driving (6.9%) (Figure 2.4). When disaggregated by the categories “human error,” “vehicle defects,” and “road infrastructure and environments,” it was found that in 2013 human errors accounted for the majority of the road traffic crashes (77.5%), followed by vehicle defects (1.3%) and the environment (0.4%). Likewise, figure 2.5 reveals that human errors accounted for the majority of the road traffic crashes in Thailand (63.9%) between 2006 and 2013. Figure 2.4: Factors Influencing Road Traffic Crashes, 2013 Driving under the influence of controlled substance 0.03% Overloading 0.05% Hing an animal 0.14% Driving with broken lights 0.16% Driving with lights turned off 0.27% Not driving in the le lane 0.54% Violang stop signs 0.85% Not signaling when parking/turning/slowing down 0.95% Falling asleep at the wheel 1.03% Violang traffic lights 1.52% Driving in the wrong lane 2.02% Illegal overtaking 2.56% Not yielding to right of way 3.39% Inexperienced/new driver 4.37% Drunk driving 6.92% Driving to close to the leading vehicle 9.60% Dangerous lane changing 12.20% Exceeding the speed limit 12.61% Others 18.07% 0.00% 2.00% 4.00% 6.00% 8.00%10.00%12.00%14.00%16.00%18.00%20.00% Source: Royal Thai Police, 2013 10 Road Safety Institutional and Legal Assessment – Thailand
Figure 2.5: Factors Influencing Road Traffic Crashes, 2006–2013 Others, 17.50 Environments, 5.76 Vehicle defects , 4.76 Road users , 63.90 Roads, 8.08 Source: Royal Thai Police, 2006–2013 2.5 Economic Burden of Road Traffic Injuries in Thailand The economic burden of road traffic injuries in Thailand is immense. According to the 2015 Global Status Report on Road Safety, the country lost 3.0 percent of its GDP to road traffic crashes.1 Data from the Royal Thai police also revealed that, on average, 328 million Baht is lost each year as a result of road traffic crashes (Table 2.4). This translates to 0.007 percent of the national GDP. Table 2.4: Economic Burden of Road Traffic Crashes, 2007–2012 Number of Economic loss GDP Economic loss as Year crashes (Baht) (Million Baht) % of GDP 2007 101 752 115 003 226 4 259 633 0.003 2008 88 721 115 185 057 4 370 056 0.003 2009 84 806 153 804 223 4 298 954 0.004 2010 74 379 361 101 087 4 395 796 0.008 2011 68 269 577 230 370 4 471 627 0.013 2012 61 197 649 152 504 4 800 209 0.014 Total 479 124 1 971 476 467 26 596 275 0.007 Average 79 854 328 579 411 4 432 713 0.007 Sources: Royal Thai Police Information Centre, 2012; Information Centre, Office of Transport and Traffic Policy, Ministry of Transport, 2012; National Economic and Social Development Board, 2012 Road Safety Institutional and Legal Assessment – Thailand 11
In 2007, the Department of Highways also led a study to examine the social cost of road traffic crashes in Thailand using the human capital approach. This method captured costs associated with three categories: human costs, property damage costs and general crash costs.15 As seen in the table below, the study revealed the cost per fatal case in Thailand, for example, was between 3.9 million and 4.6 million Baht and the cost per disability was between 4.5 million and 5.4 million Baht. When examining Bangkok alone, the cost per fatal case was between 8.3 million and 9.7 million Baht and the cost per disability was 9.1 million and 10.9 million Baht. Table 2.5: Social Cost of Road Traffic Crashes, 2007 Cost per case Cost per Cost per Cost per Cost per fatal of property disability severe injury slight injury case (Baht) damage (Baht) case (Baht) case (Baht) (Baht) Thailand 3 959 387– 4 503 479– 123 245– 30 289– 40 220 4 658 004 5 404 175 128 836 30 461 Bangkok 8 259 264– 9 081 183– 257 850– 135 446– 128 617 9 708 474 10 894 420 264 419 135 695 Provinces 3 721 920– 4 386 606– 116 409– 23 227– 31 178 other than 4 379 084 5 263 927 121 951 23 394 Bangkok Source: Department of Highways, 2007 12 Road Safety Institutional and Legal Assessment – Thailand
3 Road Safety Management System in Thailand 3.1 Organizations involved in Road Safety Road safety is a multi-disciplinary field, involving many sectors. In Thailand, several governmental organizations are directly and indirectly involved in road safety at the policy, management, and operational levels. The key organizations include the Royal Thai Police, Ministry of Education, the Departments of Highways, Rural Roads and Land Transport under the Ministry of Transport, the Department of Disease Control under the Ministry of Public Health, the National Institute for Emergency Medicine, and the Road Accident Victims Protection Company. Table 3.1 summarizes the roles these eight key governmental organizations (except the Road Accident Victims Protection Company) play in implementing road safety activities in Thailand. The activities are categorized according to the five pillars set forth by the Global Plan for the Decade of Action for Road Safety 2011–2020, which includes road safety management, safer roads and mobility, safer vehicles, safer road users and post-crash response.16 As illustrated in the table, three organizations (Royal Thai Police, Ministry of Education and Department of Disease Control) are currently responsible for safer road users, and two (Departments of Highways and Rural Roads) are tasked with safer roads and mobility; no organization is solely involved in road safety management. In addition to governmental organizations, there are also many other types of stakeholders involved in road safety in Thailand, such as the Thai Health Promotion Foundation, non-governmental organizations (NGOs) and private companies. Thai Health Promotion Foundation (ThaiHealth) plays a unique role in Thailand’s road safety landscape. Established by the Health Promotion Fund Act in 2001, this autonomous state agency is primarily funded by a surcharge levied on Thailand’s Road Safety Institutional and Legal Assessment – Thailand 13
Table 3.1: Key Governmental Organizations and the Five Pillars Pillar 2: Pillar 1: Pillar 3: Pillar 4: Pillar 5: Safer Road safety Safer Safer road Post-crash roads & Management vehicles users response mobility Royal Thai Police X Ministry of X Education Department of X Highway Department of X Rural Roads Department of X Land Transport Department of X Disease Control National Institute X for Emergency Medicine Road Accident X Victims Protection Public Company tobacco and alcohol excise taxes. In 2010, ThaiHealth’s budget was approximately USD$ 100 million. About USD$ 9.3 million of this budget was dedicated to alcohol control programs, USD$ 6.6 million to road safety programs, USD$ 6.5 to physical activity programs, and USD$ 5.3 million to tobacco control programs. The primary role of ThaiHealth in road safety is to foster collaboration between governmental organizations and other types of stakeholders. As such, ThaiHealth works with key governmental organizations including the Department of Disaster Prevention and Mitigation, the Department of Disease Control, the National Institute for Emergency Medicine, the Department of Land Transport, the Department of Highway, the Department of Rural Road and the Royal Thai Police. ThaiHealth also supports and sponsors the Provincial Road Safety Team, Road Safety Group, ThaiRoads, Accident Prevention Network, Thaicycling Club, and Don’t Drive Drunk Foundation (Table 3.2). 14 Road Safety Institutional and Legal Assessment – Thailand
In addition to fostering collaboration, ThaiHealth’s funding for road safety programs is also dedicated to advocacy, research and the dissemination of evidence. Unfortunately, funding support for road safety has been decreasing in recent years due to ThaiHealth’s increasing role in health promotion in the country. Table 3.2: Organizations and Networks Supported by ThaiHealth Description Provincial Road Safety A multisectoral network of organizations including provincial Team governmental organizations, universities, private organizations, and NGOs that are working together to promote road safety at the provincial and local levels. Road Safety Group An organization that promotes road safety knowledge development, utilization, dissemination, and transfer at the policy- level and through the public media. Thailand Road Safety A network of researchers from many institutions in Thailand. Observatory (ThaiRoads) ThaiRoads is supported by ThaiHealth funds and aims to disseminate road traffic injury data to all stakeholders, and promotes and supports the use of data. ThaiRoads also monitors and evaluates district, provincial and national level road safety plans to ensure concrete outcomes. Accident Prevention An advocacy network that is primarily concerned with road traffic Network crash reduction and prevention. The objectives of this network are to coordinate with ThaiRoads, increase road safety awareness particularly during special times of the year (i.e New Year and Songkran) and develop as well as improve collaborative strategies in promoting road safety campaigns and monitoring of road safety activities. Thaicycling Club A club that seeks to promote walking and biking in daily life and other activities for public benefit and peace. Don’t Drive Drunk A foundation that seeks to prevent drinking and driving. The Foundation specific aims are to increase awareness about the dangers of drink driving, encourage Thai police to strictly enforce drink driving laws, support individuals to encourage others not to drink and drive, and promote the strengthening of laws related to drink driving. Asia Injury Prevention Foundation (AIP) seeks to prevent road traffic fatalities and injuries in low-and-middle-income countries. In 2006, AIP established a branch in Thailand and launched the Thailand Helmet Vaccine Initiative in collaboration with many governmental organizations. Through this project, AIP trained children, teachers and parents on the importance of helmet use, supported the government’s social marketing campaigns, and developed model road safety communities. Road Safety Institutional and Legal Assessment – Thailand 15
Safe Kids Worldwide is a global organization that seeks to prevent child injuries around the world. Safe Kids Thailand supports numerous programs in the country that help create safety culture among school children so that these children would develop safe commuting habits. Many private companies in Thailand such as Toyota, A.P. Honda, Thailand Motorcycle Enterprise Association, Michelin, British Standard Institute, Chevron, and SCG are also involved in road safety through their corporate social responsibility programs. Activities often include social marketing campaigns, trainings for drivers and riders, school education, and community projects. 3.2 Road Safety Management System In order to strengthen coordination amongst the diverse set of organizations involved in road safety in Thailand and to achieve the decade’s goal, a management system was established on January 14, 2011 by Prime Minister Abhisit Vejjajiva through an executive order known as the “Prevention and Reduction of Road Accidents.” This management system has four primary responsibilities17: (1) Prepare the road safety master plan; this includes setting targets and measures to be approved by the cabinet and carried out by all parties (2) Set up unifying measures through the road safety management system (3) Promote and support the development of road safety standards. This includes standards for traffic management, roads, vehicle and post-crash care (4) Promote safety culture in Thailand This executive order also divided the management system into three levels: policy, management, and operations.17 When comparing these three levels to the conceptual framework, the National Road Accident Prevention and Reduction Policy Board (“the Board”) focuses on result by setting targets for final and intermediate outcomes. The Road Safety Operating Centre focuses on interventions and the Road Safety Directing Centre (“the Centre”) focuses on institutional management function (Figure 3.1). It is important to note that these “centres” are in reality boards or committees and not actual “centres.” 16 Road Safety Institutional and Legal Assessment – Thailand
Figure 3.1: Comparing the Management System with the Framework Social Na onal Road Accident Cost Final Preven on and reduc on Results Outcomes Policy Board Intermediate Outcomes Outputs Road Network Planning, Entry and Recovery and Road Safety Opera ng Centre Interven ons design, exit of rehabilita on opera on, vehicles and of crash and use drivers vic ms Results Focus Ins tu onal er on nsf on Management on ca eva ing tra on on rce and Road Safety Direc ng Centre allo lua Func ons and nitor ina dge kno and isla mo res ding ord wle Leg Mo Pro D ou Fun Co R& Source: Bliss and Breen, building on the frameworks on Land Transport Safety Authority, 2000; Wegman, 2001; Koomstra et al, 2002; Bliss, 2004. Source: Adapted from Bill & Breen, 2013 The Road Safety Operating Centre is mainly responsible for implementation at the district, and local levels and is not directly involved in enacting laws and regulations. It is, however, involved in the enforcement of laws and regulations. The structure of the Road Safety Operating Centre can vary depending on the issue or interest of provinces, districts and/or local administrations. As such, only the National Road Accident Prevention and Reduction Policy Board and the Road Safety Directing Centre are described in detail in Boxes 1 and 2. Limitations of the Management System Although the establishment of a management system is a positive step towards addressing road safety, this system suffers many weaknesses common to the country’s governmental management system. Table 3.3 compares these two systems using the four main structural problems identified by Voradech Jantarason in his study “The Expansion of Government Agencies in Thai Government Management System:” 1) lack of continuity in meetings, 2) the presence of key agencies with roles in all committees, 3) the Prime Minister serving as the chair of many committees, and 4) the presence of organizations with no real tasks or roles in the committees.18 Road Safety Institutional and Legal Assessment – Thailand 17
Box 1: National Road Accident Prevention and Reduction Policy Board (“the Board”) Position Assigned Member Chair Prime Minister or Assigned Deputy Prime Minister Vice-chair Minister of Interior Minister of Transport Minister of Justice Minister of Public Health Minister of Education Public Sector Member Permanent Secretary of the Prime Minister Office Permanent Secretary of Ministry of Transport Permanent Secretary of Natural Resources and Environment Permanent Secretary of Ministry of Justice Permanent Secretary of Ministry of Labour Permanent Secretary of Ministry of Education Permanent Secretary of Ministry of Public Health Permanent Secretary of Ministry of Industry Secretary General for the Office of the Council of State Secretary General for the Office of the National Economic and Social Development Board Secretary General for the Office of the Public Sector Development Commission Director Bureau of the Budget Attorney General Royal Thai Police Commissioner General Expert Five positions Secretariat Permanent Secretary of the Ministry of Interior as Secretary Director-General of the Department of Disaster Prevention and Mitigation as Deputy Secretary Responsibilities of the Board (1) Set road safety policies that conform to the Disaster Prevention and Mitigation Master Plan as dictated by the law, (2) Pre-approve the Road Safety Master Plan before it is presented to the Cabinet (3) Approve all road safety strategies and plans, (4) Issue orders, notices, and guidelines in accordance with the executive order, (5) Provide comments or recommendations to the Prime Minister and the Cabinet, (6) Perform other works assigned by Prime Minister or the Cabinet. Source: Translated from the Executive Order “Prevention and Reduction of Road Accidents,” 2011 18 Road Safety Institutional and Legal Assessment – Thailand
Box 2: Road Safety Directing Centre (“the Centre”) Position Assigned Member Director Minister of Interior Deputy Director Permanent Secretary of the Ministry of Interior Permanent Secretary of Ministry of Transport Permanent Secretary of Ministry of Public Health Permanent Secretary of Ministry of Education Royal Thai Police Commissioner General Public Sector Member Ministry of Education Secretary-General of the Office of the Basic Education Commission Secretary-General of the Office of the Vocational Education Commission Secretary-General of the Office of the Higher Education Commission Secretary-General of the Office of the Private Education Commission Ministry of Transport Director-General of the Department of Land Transport Director-General of the Department of Highways Director-General of the Department of Rural Roads Director-General of the Office of Transport and Traffic Policy and Planning Ministry of Interior Director-General of the Department of Provincial Administration Director-General of the Department of Public Works and Town & Country Planning Director-General of the Department of Local Administration Bangkok Governor Ministry of Public Health Director-General of the Department of Disease Control Secretary-General of National Institute for Emergency Medicine Ministry of Justice Director-General of the Department of Probation Ministry of Labour Director-General of the Department of Labour Protection and Welfare Road Safety Institutional and Legal Assessment – Thailand 19
Position Assigned Member Office of the Prime Minister Director-General of the Government Public Relations Department Ministry of Industry Secretary-General Thai Industrial Standard Institute Ministry of Natural Resources and Environment Director-General Natural Park, Wildlife and Plant Conservation Department Not-under Ministry Commissioner of Royal Thai Police Strategic Office Director of Thai Health Promotion Foundation Secretary-General of the Office of Insurance Commission Director-General of the Office of the Decentralization of the Local Government Organization Committee Managing Director of Road Accident Victims Protection Company Expert Five positions Non-government Don’t-Drive-Drunk Foundation Organization Office of Accident Reduction Network President of National Municipal League of Thailand President of Provincial Administration Organization Council of Thailand President of Local Administration Organization Council of Thailand Secretariat Director-General of the Department of Disaster Prevention and Mitigation as Secretary Responsibilities of the Centre 1. Prepare recommendations, policies, master plans, strategies, and plans related to road safety to be approved by the Board, 2. Integrate plans and budgets related to road safety of all government and other agencies 3. Manage, monitor, mobilize, coordinate and evaluate all activities related to road safety, 4. Set up road accident database, statistics, and reports, 5. Conduct researches related to road safety and capacity building of those working in road safety, 20 Road Safety Institutional and Legal Assessment – Thailand
6. Provide knowledge about road safety activity to the public, 7. Recommend to the board on working incentives for government agencies and employees directly involved with road safety achievements, 8. Provide written reports about the road safety situation in Thailand to Prime Minister and the Cabinet, 9. Recommend to the board for necessary order, notice, and guideline to facilitate this Executive Order more effectively, 10. Enquire representative from agency or individual for fact or opinion as related to this Executive Order, 11. Interpret and conclude any issue related to this Executive Order, 12. Set up subcommittee or working group as necessary, 13. Other works assigned by the Board Source: Translated from the Executive Order “Prevention and Reduction of Road Accidents,” 2011 As illustrated in Table 3.3, the aforementioned road safety committees are primarily led by high-level politicians who are also members of hundreds of other committees in the country. The Prime Minister, for example, currently chairs “the Board” and more than five hundred additional committees. Consequently, it is often challenging for these road safety committees to convene and for most of the members to attend. Since its inception in 2011, “the Board” has only met twice and the Deputy Prime Minister attended only one of the two meetings. During the most recent meeting, the Deputy Permanent Secretary of the Ministry of Interior served as the chair. This Deputy Permanent Secretary also frequently chaired the Road Safety Directing Centre meetings during the previous government. Moreover, due to committee members’ heavy workloads and schedules, these members, including essential ones such as the Ministry of Interior and the Bureau of the Budget, often use substitute members in their absences. This in turn creates more communication problems between the different departments. In many instances, the substitute members also have to wait for approval from the administrators before decisions can be made, causing further delays. There are also budgetary issues. Even though most of the involved governmental departments are members of the committees, they still experience resource limitations within their own departments. This is as a result of the budget management structure within the Ministries where multiple layers of approval are required. Furthermore, under Thailand’s budgetary system, each governmental department sets its own programs Road Safety Institutional and Legal Assessment – Thailand 21
Table 3.3: Thailand’s Comparing the Government Management System and the Framework of Road Safety Management Systems Government Road Safety Structural Problems Management System Management System Lack of continuity in Some committees have not had “The Board” only met twice in meetings any meetings in more than 2 the last 4 years years Presence of key Some of the high-level politicians Only representatives from organizations with roles from key organizations (i.e. the appointed organizations in all committees Budget Bureau, Ministry of attended road safety meetings Interior, Royal Thai Police, and most of them have no and Department of Public authority to make decisions. Communication) are constantly Accordingly, those organizations being appointed to committees, did not make any policy or (i.e. Director General of Public implementation commitments Communication Department was appointed to be on about 200 committees) Prime Minister serving The Prime Minister chairs about The Deputy Prime Minister is the as the chair of many 500 committees. As such, it is chairperson of “the Board” but committees very difficult to set up meetings only attended one of the two and most of the time the Prime meetings Minister only chairs meetings that concerns his/her key policies. High ranking executives would also only choose to attend those meetings Presence of Many agencies are assigned An example is the Department organizations with no to committees without being of Wildlife Conservation which real tasks or roles in given any specific role or tasks. has rarely attended any meetings committees They are only appointed as they since it is unclear what its role is appear to have some capacity in road safety and projects for the fiscal year. Most of these departments will prioritize their budgets towards their main functions. As such, when road safety is not the main function, related programs will not be created within those departments. Table 3.4 compares the expected functions of a lead road safety agency with the existing Thai system. According to the World Bank, key functions of the road safety management system should include result-focused management, promotion, monitoring and evaluation, as well as research and knowledge dissemination.9 As illustrated in the table, the country recently achieved consensus on eight key road safety problem areas 22 Road Safety Institutional and Legal Assessment – Thailand
Table 3.4: Analysis of the Road Safety Management System’s Functions Tasks Institutional Role Status of Thailand Result-focused Manage the process of One of the subcommittees is Management governmental assessment of road responsible for this specific task, but safety performance has no human or financial resources to fulfill this task Identify and bring together key Key stakeholders have been appointed stakeholders and partners that to each level of the management can and will deliver actual road system through the executive order safety results Initiate Road Safety Capacity It was identified as part of the SWOT Assessments analysis in developing the Government Road Safety Plan, but no actual assessments were undertaken Chair governmental road safety There currently exists an inter- performance assessments ministerial committee known as “the Board.” However, no assessments have been reported during those meetings Prepare reports, papers and There is an annual report issued by bulletins reporting on road safety the Road Safety Directing Centre that performance includes yearly situational report, research papers and activities Achieve consensus on key Eight key problem areas have been problem areas in the road safety identified as part of the Decade of management system Action for Road Safety in Thailand and are being adopted by the government and stakeholders Follow up on agreed action Programs and activities are fragmented due to the lack of funding and poor coordination Promotion Study and propose a long term The government has adopted a target and far reaching road safety vision for the Decade of Action to reduce road traffic fatality to under 10 per 100 000 population by 2020 Present the road safety vision with This is not a structured task and government and other partners no agency has been given this and with stakeholders and society responsibility as a whole Road Safety Institutional and Legal Assessment – Thailand 23
Tasks Institutional Role Status of Thailand Encourage all ministers in the Not all ministries are represented; road road safety partnership to play an safety is also not high on the list of active role in creating awareness priorities for those ministries of road safety challenges and to promote policy initiatives in the media Ensure that regular information It is not clear which agency is is available and accessible on the responsible for this although some key road safety problems as well of this work is currently being done as on upcoming policy initiatives by ThaiRoads with support from to achieve results ThaiHealth Develop in-house capacity for None road safety promotion as well as contracting out targeted road safety advertising in support of the major themes of the national road safety strategy Mobilize local leadership and Local administration’s role is more support to help achieve road focused on two special campaigns, safety goals i.e., New Year and Songkran 7-day campaigns Develop and fund targeted Local governments are responsible for community road safety programs local initiatives and there currently is and support local road safety no coordination coordinators Monitoring and Establish databases to identify and Databases are maintained by various Evaluation monitor final outcomes and their agencies including police, hospital, outputs insurance, road authorities and land transport authority. These agencies use different definitions and sets of parameters Establish links between police Currently, there is a plan to link police, reports and hospital admissions hospital, and insurance data to gain a data so as to assess levels of more accurate estimate of road fatality underreporting Conduct before and after studies None to establish the effectiveness of specific road safety measures and in-depth studies to ascertain contributory factors, and the causes and consequences of injury 24 Road Safety Institutional and Legal Assessment – Thailand
Tasks Institutional Role Status of Thailand Ensure that the results of This is being undertaken by researchers monitoring and evaluation are at universities and not at the systems presented and discussed at all level levels of the road safety strategy coordination hierarchy to improve the focus on achieving results Research and Ensure in-house capacity for road Currently, only ad hoc research studies Knowledge safety research and management are being carried out by research Dissemination as well as contract out to road universities. It is unclear which agency safety research organizations9 is responsible for research Establish a national road safety There is a proposal to establish a research program to address the national road safety research program needs of road safety strategy in the national plan but responsibilities with annual review of needs have yet to be assigned and consultation with external experts9 Develop and fund demonstration Most of demonstration projects that projects in areas which offer have been carried out were conducted large potential for road casualty by international organizations (i.e. reduction and use the successful Global Road Safety Partnership, Asia results to rollout the projects on Injury Prevention) or sponsored by national scale9 ThaiHealth with no direct link to the management system. Limitations with human resources and budget have prevented the follow up or scale up of these demonstration projects Employ a variety of means Currently, there are numerous trainings for training and knowledge organized by multiple agencies, which dissemination including have resulted in fragmentation of professional exchange and knowledge. A core set of competencies attendance at road safety courses, for road safety professionals is needed seminars, and workshops9 Assign specific annual budgets for Road safety is not a priority research road safety research for in-house topic for the National Research Council and external research9 of Thailand which means there is no budget for road safety research studies Road Safety Institutional and Legal Assessment – Thailand 25
You can also read